ORDINANCE
NO. 010686
Giving permission to B & B
On Broadway, LLC, to construct and maintain an exit door swing, bollards and
waste receptacle in the public right-of-way for the building at 920 Broadway;
assessing an encroachment fee of $1,340.00; and estimating $1,340.00 in
revenue.
BE IT ORDAINED BY
THE COUNCIL OF KANSAS CITY:
Section 1. That
permission is hereby given to B & B On Broadway, LLC, as owner and
permittee, to construct and maintain an exit door swing, bollards and waste
receptacle in the public right-of-way for the building at 920 Broadway as shown
on drawings known as Exhibit A.
Section 2. That all
materials, design and methods of construction shall be in accordance with all
applicable codes and shall be subject to the approval of the Director of Codes
Administration when final plans are submitted for a building permit.
Section 3. That to
hold the City harmless from claims for bodily injury and for property damage
arising out of the construction, the permittee shall keep in force a policy of
liability insurance in an amount not less than that required by the Building
Code. In the event the insurance requirements of the Building Code are
modified during the life of the construction, the insurance provided by the
permittee shall be revised to conform with the modified Building Code standard.
Section 4. That the
permission given shall be construed as a permit and not a grant, and may be
revoked by the Council at its discretion; upon revocation, the permittee or the
owner of the property at the time of the revocation shall cause the removal of
the construction and the restoration of the area without expense to the City.
Section 5. That if
the construction for which permission is herein given includes excavation, as
defined in the Underground Facility Safety and Damage Prevention Act, Section
319.010 through 319.050, Revised Statutes of Missouri, the permittee shall
observe and comply with the requirements of the Act. A permit for any
excavation shall be required from the City Engineer.
Section 6. The
installation has been approved by the Municipal Art Commission.
Section 7. That in consideration
of the usefulness to B & B On Broadway, LLC, and reflecting a fair
assessment of the value of the right-of-way, the sum of $1,340.00 shall be paid
by B & B On Broadway, LLC, in the nature of a license payment to the City
for the privilege of using the public right-of-way for this purpose. This
single payment includes all license payments.
Section 8. That the
revenue in the following account of the General Fund is estimated in the
amount:
01-100-064-6232 Encroachment
Licenses $1,340.00
_____________________________________________
I hereby certify
that there is a balance, otherwise unencumbered, to the credit of the
appropriation to which the foregoing expenditure is to be charged, and a cash
balance, otherwise unencumbered, in the treasury, to the credit of the fund
from which payment is to be made, each sufficient to meet the obligation hereby
incurred.
___________________________________
Director
of Finance
Approved
as to form and legality:
___________________________________
Assistant
City Attorney